a turbulent spirit and nature casting out threats and terrors of the bloud that was ere long to bee shed in England On the next day the other seuen were drawne vnto the same place but vsed with more mercy by the Queenes commandement who hated the former cruelty for euery one of them hung till they were quite dead before they were cut downe and bowelled Salisbury the first was very penitent and aduised the Catholikes not to attempt the restitution of Religion by force or armes and the same did Dun who was the next Iones protesting that he had disswaded Salisbury from this enterprise and that he vtterly condemned and disliked the haughty and rash spirit of Babington and the purpose of inuasion Charnock and Trauerse fixed wholly to their praiers commended themselues to God and the Saints Gage extolling the bountifull liberality of the Queene toward his father and detesting his owne treacherous ingratitude toward a Princesse so well deseruing Hierom Bellamy who had hidden Babington after he was proclaimed traitor whose brother priuy to the same offence had strangled himselfe in prison ashamed and silent was the last of this company These men being executed Nauus the Frenchman and Curlus the Scot who were Secretaries to the Queene of Scotland being examined about the letters copies of letters and little notes and Ciphers found in the Queenes closet of their owne will acknowledged by their subscriptions that the handwritings were their owne endited by her in French taken by Nauus and turned into English by Curlus Neither did they deny that she receiued letters from Babington and that they wrote backe by her commandement in such a sense as is aforesaid Yet this is certaine out of letters that when Curlus did at this time aske Walsingham for what he promised that Walsingham did reproue him as one forgetfull of an extraordinary grace as that he had not confessed any thing but that hee could not deny when Nauus charged him therewithall to his face The Counsellors of England could not agree what should be done with the Queene of Scotland some thought good that no seuerity was to be vsed against her but to be kept very close as well for that she was not the beginner of this plot but onely made acquainted with it and also for that she was sickly and not like to liue long Others for the securitie of Religion would haue her dispatched out of the way and that by the course of Law Leycester had rather haue it done by poyson and secretly sent a Diuine to Walsingham to shew him that this was lawfull but Walsingham protested that he was so farre from allowing that any violence should be vsed that long agoe hee crossed and broke the aduice of Morton who had perswaded to send her into Scotland that she might be killed in the very borders of both the kingdomes They were moreouer of different opinions by what law or Act they should proceed against her whether out of that of the XXV yeare of Edward the third in which he is a traitor who deuiseth to kill the King or the Queene or moueth warre in the Kingdome or doth adhere vnto his enemies Or whether by that Law or Act of the XXVII yeare oâ— Queene ELIZABETH which is set downe before At length their opinion preuailed who would haue it by this latter law as made for this purpose and therefore to be accommodated thereunto therefore out of that law enacted the former yeare that enquiry might be made and sentence pronounced against them who raised rebellion inuaded the kingdome or attempted to hurt the Queene many of the Priuie Counsell and Noblemen of England were chosen Commissioners by letters Patents which was this after the Lawyers forme and stile ELIZABETH by the grace of God of England France and Ireland Queene Defender of the faith c. To the most Reuerend Father in Christ Iohn Arch-Bishop of Canterbury Primate and Metropolitane of all England and one of our Priuy Counsell And to our beloued and trusty Thomas Bromley Knight Chauncellor of England and another of our Priuie Counsell And also to our welbeloued and trusty William Lord Burghley Lord Treasurer of England another of our Priuy Counsell And also to our most deare cousin William Marquesse of Winchester one of the Lords of the Parlament And to our most deare cousin Edward Earle of Oxford great Chamberlaine of England another of the Lords of the Parlament And also to our most deare cousin George Earle of Shrewsbury Earle Marshall of England another of our Priuy Counsell and to our most deare cousin Henry Earle of Kent another of the Lords of the Parlament And also to our most deare cousin Henry Earle of Darby another of our Priuy Counsell And to our most deare cousin William Earle of Worcester another of the Lords of the Parlament And to our most deare cousin Edward Earle of Rutland another of the Lords of the Parlament And to our most deare cousin Ambrose Earle of Warwicke Master of our Ordnance another of our Priuy Counsell and to our most deare cousin Henry Earle of Pembrooke another of the Lords of the Parlament And also to our most deare cousin Robert Earle of Leicester Master of our horse another of our Priuy Counsell And to our most deare cousin Henry Earle of Lincolne another of the Lords of the Parlament And also to our most deare cousin Antony Vicount Montague another of the Lords of the Parlament And to our welbeloued and trusty Charles Lord Howard our great Admirall of England another of our Priuy Counsell And to our welbeloued and faithfull Henry Lord Hunsdon our Lord Chamberlaine another of our Priuy Counsell And also to our welbeloued and trusty Henry Lord of Aburgeuenny another of the Lords of the Parlament And to our welbeloued and trusty Edward Lord Zouch another of the Lords of the Parlament And also to our welbeloued and trusty Edward Lord Morley another of the Lords of the Parlament And also to our welbeloued and trusty William Lord Cobham Lord Warden of our fiue Ports another of our Priuy Counsell And also to our welbeloued and trusty Edward Lord Stafford another of the Lords of the Parlament And also to oâ—r welbeloued and trusty Arthur Lord Grey of Wilton another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Lumley another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Sturton another of the Lords of the Parlament And to our welbeloued and trusty William Lord Sandes another of the Lords of the Parlament And also to our welbeloued and trusty Henry Lord Wentworth another of the Lords of the Parlament To our welbeloued and trusty Lewis Lord Mordant another of the Lords of the Parlament And to our welbeloued and trusty Iohn Lord St. Iohn of Bletso another of the Lords of the Parlament And also to our welbeloued and trusty Thomas Lord Buckhurst another of our Priuy Counsell And
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
vnto which he was forced to yeeld forasmuch as they triumphed ouer his innocencie he repeateth the vnfortunate deaths of his Ancestors that is to say of his great grandfather who was condemned and neuer called to triall of his grandfather who was beheaded for trifling matters and of his Father who as he affirmed was circumuented by his enemies and who neuer carried any euill minde toward his Prince or Countrey But that he lest he should runne into the same hard fortune his father had forsooke his country that he might spend his time in the seruice of God and in the works tending to the saluation of his soule but not his loyalty and fidelity toward his Prince Before these letters were deliuered he went into Sussex and being ready to take ship in an obscure creeke was taken and apprehended by the treachery of his seruants and discouery of the master of the ship and committed vnto the Tower of London At that time there was prisoner in the same place Henry Percy Earle of Northumberland a man of a liuely spirit and couâ—age brother of Thomas beheaded at Yorke suspected to be priuy vnto the plot of Throgmorton the Lord Paget and the Guises for the inuading of England and deliuering of the Queene of Scotland vnto whom alwaies he had borne a great loue and affection In the moneth of Iune he was found dead in his bed shot thorow with three bullets about the left pappe the doores being bolted on the inside The Crowners quests according to the custome taken out of the next neighbours and sworne by the Crowner viewing the body considering the place hauing found the pistoll with the gunpowder in the chamber his man who bought the Pistall and the seller thereof being examined gaue their verdict that the Earle did murther himselfe The third day after the Noblemen of the Realme came in great number and met in the Starre chamber where Thomas Bromly Lord Chauncellor of England succinctly declared that the Earle had plotted and deuised treason against his Queene and Countrey which being now to come vnto light and to be discouered vpon the guiltinesse of his conscience had murdered himselfe But that the multitude and common people who alwaies conster things to the worst might be satisfied he commanded the Kings Atturney and the Kings Counsell at law to deliuer and explaine at large the causes why the Earle was kept and detained in prison and the manner of his death Hereupon Popham the Queenes Atturney Generall beginning at the rebellion in the North sheweth out of the Records That he was arraigaed for this Rebellion and for purposing to deliuer the Queene of Scotland did then acknowledge his fault and submitted himselfe vnto the mercy of the Queene and that he was fined at fiue thousand marks as I haue said before and that the Queene such was her clemency tooke not a penny but remitted the same and that after the execution of his brother for the same fault she confirmed him in the honour of Earle of Northumberland That he neuerthelesse entred into new practises to deliuer the Queene of Scotland to conquer England and to kill the Queene and to destroy Religion That Mendoza the Spanish Embassador had signified vnto Throgmorton that Charles Paget vnder the name of Mope had talked with him of these things secretly in Suffex That the Lord Paget had insinuated the same things almost vnto Throgmorton and that the same things were euident and apparant by the papers of Câ—â—eycton the Scottish Iesuite and that Charles Paget had told these things vnto William Shelley when he returned out of France Then Egerton the Queenes Solliciter argued wittâ—ly out of the circumstances and the great care taken of concealing it that the Earle was guilty of and priuy to these things that is to say For that the Earle since that none in England could charge him with these things but the Lord Paget who was very familiar with Throgmorton a few daies after the taking and apprehension of Throgmorton made a ship ready for Paget by Shelley in which he passed ouer into France When Throgmorton began to confesse some things hee departed from London and went out of the way vnto Petworth and signified vnto Shelley whom he had sent for vnto him that he was fallen into great danger of his life and of his estate and requested him to conceale the businesse and to send away them who were acquainted with the departure of the Lord Paget and with the comming of Charles Paget which was done forthwith And he himselfe sent a good way off the man whom hee had vsed about Charles Paget Moreouer the Sollicitor said that he being now in prison dealt oftentimes with Shelley by the Keepers whom he corrupted to know what things and of what nature hee had confessed After that Shelley by a poore woman a secret messenger betweene them had certified him that he could not conceale matters any longer that their condition and estate were not like that he should be put on the racke but that the Earle could not in respect of his place and degree and had written those things which he had confessed the Earle fighed grieuously and sometimes said as Panton who waited on him in his chamber confessed that by the confession of Shelley he was vtterly vndone Then the manner and reason of his death is declared out of the testimony of the Enquest of the Lieutenant of the Tower of some of the Warders and of Panton and thereupon it was gathered that he for feare left his house and family should be vtterly destroied and a blemish and blot imposed thereon had laid his owne violent hands vpon himselfe Truly many honest men as well for that they fauour Nobility as also for that he was holden and reputed a man of very great valour were heartily sorry that such a man came to such a lamentable and wretched death What things the suspecting fugitiues talked in corners of one Balliue one of Hattons men who a little before was made Keeper vnto the Earle I omit as a thing of small credit neither meane I to set downe any thing out of idle reports Anno 1586. IN this yeare Philip Earle of Arundell who had laine now a whole yeare in prison was accused in the Starre Chamber That he had releeued Priests against the lawes that he had had commerce of letters with Allan and Persons the Iesuite enemies of the Queene and that he had derogated in writing from the Iustice of the Land and imagined to depart out of the land without licence Hee proâ—essing his dutie and seruice vnto the Queene and his loue and good will vnto his countrey excused himselfe with great modesty by the loue he had to the Catholike Religion and by his ignorance of the lawes and submitted himselfe vnto the censure and iudgement of the Lords who fined him at tenne thousand pounds and to be imprisoned during the Queenes pleasure In the moneth of Iuly a most pernicious Conspiracie against
to our welbeloued and trusty Henry Lord Compton another of the Lords of the Parlament And also to our welbeloued and trustie Henry Lord Cheney another of the Lords of the Parlament To our welbeloued and trusty Francis Knolles Knight Treasurer of our houshold another of our Priuy Counsell And also to our welbeloued and trusty Iames Crofts Knight Controller of our said houshold another of our Priuy Counsell To our beloued and trusty Christopher Hatton Knight our vice-Chamberlaine another of our Priuy Counsell And also to our trusty and welbâ—loued Francis Walsingham Knight one of our chiefe Secretaries another of our Priuy Counsell And also vnto our trusty and welbeloued William Dauison Esquier another of our principall Secretaries of our Priuy Counsell And to our trusty and welbeloued Ralph Sadleir Knight Chauncellor of our Dutchy of Lancaster another of our Priuy Counsell And also to our trusty and welbeloued Walter Mildmay Knight Chauncellor of our Exchequer another of our Priuy Counsell And to our trusty and beloued Amyas Powlet Knight Captaine of the I le of Iersey another of our Priuy Counsell And to our trusty and welbeloued Iohn Wolley Eâ—quire our Secretary for the Latine tongue another of our Priuy Counsell And also to our trusty and welbeloued Christopher Wâ—ay Knight chiefe Iustice of the Kings Bench And to our trusty and welbeloued Edmund Anderson Knight Chiefe Iustice of the Common Bench Roger Manwood Knight Chiefe Baron of our Exchequer Thomas Gawdy Knight one of our Iustices of the Kings Bench And William Peryam one of the Iustices of our Bench Greeting c. And not to set it downe verbatim After the recapitulation of the Act made the last yeere these words follow When after the end of the Session of Parlament viz after the first day of Iune in the XXVII yeare of our reigne diuers things haue beene compassed and deuised tending to the hurt of our Royall Person as well by Mary daughter and heire of Iames the fift lately King of Scotland and commonly called Queene of Scotland and Dowager of France pretending title vnto the Crowne of this Realme of England as by diuers other persons with the priuity of the same Mary as it is giuen vs to vnderstand and for that we intend and determine that the said Act should be executed rightly and effectually in all things and by all things according to the tenour of the said Act and that all the offences aforesaid in the aforesaid Act as it is said mentioned and the circumstances of the same should be examined and sentence and iudgement thereupon giuen according to the tenor and effect of the said Act We giue vnto you and to the greater part of you full and ample power faculty and authority according to the tenour of the said Act to examine all and singular things compassed and deuised tending to the hurt of our Royall Person with the priuity of the said Mary and all the circumstances of the same and all the aforesaid offences whatsoeuer mentioned in the said Act as it is said and all circumstances of the same offences and of euery one of them And moreouer according to the tenour of the said Act to giue sentence and iudgement euen as the matter shall appeare vnto you vpon good proofe And therefore we command you to proceed diligently vpon the aforesaid things in the forme aforesaid at certaine daies and places which you or the greater part of you shall appoint and prouide for this purpose c. The most of these came to Fodringhay Castle in Northamptonshire on the xj day of October where the Queene of Scotland was then kept On the next day the Commissioners sent vnto her Sir Walter Mildmay Sir Amyas Powlet and Edward Barker a publike Notary who deliuered into her hands the letters of Queene ELIZABETH which when she had read ouer she with a Princely countenance and quiet minde said I am much aggrieued that the Queene my most deare sister is wrong informed of me and that I who haue so straitly beene kept so many yeeres and being now lame after I haue offered so many equall and faire conditions for my liberty haue laine so long time neglected Although I haue fully forewarned her of many dangers yet I was not beleeued but was alwaies despised although I am most neere to her in bloud When the Association was made and when it was confirmed in the Parlament I foresaw that whatsoeuer danger befell either by forraine Princes abroad or any harebraine fellowes at home or for the cause of Religion I should pay deare for the same I hauing so many deadly enemies at the Court I may take it in euill part and I haue cause for it that a league was made with my sonne without my priuity or knowledge but such like things I pretermit But to come vnto these letters It seemeth strange vnto me that the Queene commandeth me as if I were her subiect to come vnto a triall I am an absolute Queene neither will I doe or commit any thing which may empaire or wrong the Royall Maiestie of Kings and Princes of my place and ranke or my sonne My minde is not so deiected neither will I yeeld and sinke downe vnder calamity I referre my selfe vnto those things which I protested before Bromly and the Lord De la Ware The lawes and statutes of England are to me vtterly vnknowne I am destitute of counsellours I tell you plaine I know not who may be my Peeres my papers and notes of remembrances are taken from me there is none that dare pleade or speake in my cause I am free from all offence against the Queene neither am I to be called in question but vpon mine owne word or writing which can neuer be brought against me But yet I cannot deny but that I haue commended my selfe and my cause to forraine Princes On the next day returned vnto her in the name of the Commissioners Powlet and Barker who shewed this answer put into writing and they asked her if she persisted in the same After she had heard it distinctly read she commended it as truly and rightly conceiued and said she would persist in the same But said she I did not remember one thing which I wish may be put in Whâ—reas the Queene hath written I am subiect and liable vnto the lawes of England and am to be iudged by them because I liued vnder the protection of them I answer That I came into England to aske and craue aid and helpe from which time I haue beene kept and deteined in prison and could not enioy the protection and benefit of the lawes of England and hitherto I could not vnderstand by any body what the lawes of England were In the afternoone many chosen out of the Commissioners with men skilfull in the Canon and Ciuill lawes came vnto her but the Chancellor and the Treasurer declared their authority out of the letters patents and shewed her that neither captiuity nor the prerogatiue of
of iust causes which shee may declare in another place that the minds of men are carried away by sundrie kinds of affections that they would neuer haue confessed such things but either for gaine or vpon some hope that letters may be directed vnto others than vnto whom they are written and that many things which she had not dictated had many times beene inserted if her papers had not beene taken away and that shee had a Secretarie she could with more ease confute their obiections But nothing said the Treasurer shall be obiected but from the nine and twentieth day of Iune neither will the papers doe any good since the Secretaries and Babington himselfe without torture haue affirmed you to haue sent letters vnto Babington which thing although you deny let the Commissioners iudge whether more credit is to be giuen vnto their affirmation or your deniall But to come to the matter As a Counsellour I tell you this you haue made many propositions about your libertie at sundrie times that nothing came thereof was long of you or of the Scots and not of our Queene for the Noble-men of Scotland absolutely denied to deliuer the King for hostage And when last of all there was a treatie for your deliuery Parry was sent secretly by Morgan to kill the Queene Ah said shee you are my professed enemie Yea rather replied he I am an enemie to the enemies of Queene ELIZABETH but enough of these things Let vs therefore proceed vnto proofes when shee denied to heare Yet we will heare said he and I also said she in another place and will defend my selfe Now were read againe the letters vnto Charles Paget in which shee told him there was no other way for the Spaniard to bring the Netherlands into subiection than by placing a Prince in England who might doe him good the letters vnto the Lord Paget to hasten aid and forces to inuade England the letters of Cardinall Allan in which he saluted her as his high and soueraigne Ladie and signified that the businesse was commended vnto the care of the Prince of Parma As these were in reading she interrupted them saying That Babington and her Secretaries accuse her to excuse themselues that shee neuer heard of the six Ruffians that the other things were not to the matter that shee esteemed Allan to bee a reuerend Prelate that shee did acknowledge no other head of the Church than the Pope of Rome that she was not ignorant in what regard and estimation shee was with him and with forraine Princes nor could shee hinder it if they in their letters called her Queene that her Secretaries since they did against their office faith and fidelitie confirmed by oath vnto her deserued no credit that there was no credit to be giuen to them that were once forsworne though they swore againe by all the oathes of God neither that they did thinke themselues tied with any oath whatsoeuer in conscience since that they haue sworne vnto her before that loyaltie and secrecie neither for that they were not subiects of England that Nauus had written oftentimes otherwise than she had dictated and that Curlus had written all whatsoeuer Nauus had bidden but that she would maintaine and vphold their faults in all things but those that might blemish her honour Perhaps also these fellowes did confesse to doe themselues a benefit whilst they might thinke not to hurt her with whom as with a Queene they thought mildnesse should be vsed that shee heard nothing of Ballard but of one Hallard who had offered his seruice which yet she had refused for that shee had heard that the same man had beene belonging to Walsingham Afterward when the notes out of the letters vnto Mendoza which Curlus had acknowledged that hee wrote out in a priuate character were read before her and she was vrged out of them as if shee had compassed to transfer the right in the Kingdome vnto the Spaniard and that Allan and Parsons staied now at Rome for that purpose and intent Shee complaining that her seruants had broken their fidelitie confirmed by oath answered When I being in prison and languished with care A without hope of libertie and there was not any more hope left of euer bringing to passe those things which very many expected of me in my sicknesse and declining age Many thought it sit that the Succession of the Realme of England should be established in the Spaniard or in a Catholike English-man and a booke was brought to proue the right of the Spaniard which being not admitted by me I offended many But all my hope in England being now desperate I am resolued not to reiect forraine helpe The Sollicitor admonished the Commissioners secretly what might become of them their Honours goods and posteritie if the Kingdome should be so transferred but the Treasurer shewed them that the Kingdome of England could not be transferred but to descend by the right of succession according to the Lawes Shee requested that shee might be heard in a full and open Parlament or that shee her selfe might speake to the Queene whom she hoped would haue respect vnto a Queene and the Counsellors And then rising from her seat with a cheerefull countenance she spoke a few words aside with the Treasurer Hatton Walsingham and the Earle of Warwicke These things being done the Assembly or meeting was adiourned vnto the fiue and twentieth day of October in the Starre-chamber at Westminster Thus much of this matter out of the Commentaries of Edward Barker principall Register to the Queenes Maiestie and of Thomas Wheeler a Notarie publike Register of the Audience of Canterburie and of other credible persons that were present And in this manner the Queene thought good to haue her tried although the Lawyers who are so curious in the examining of words and following of formes rather than in the expounding of the Lawes themselues that according to their forme of law she was to be called to triall in the Countie of Stafford and to be brought to hold vp her hand at the barre publikely before the Bench and to be tried by twelue men saying this indeed was a sweet and goodly forme of iudgment against a Prince But to auoid and put away such absurdities shee thought it better to referre so great a cause vnto the Noblemen of the Land and Realme and to the Iudges and this scarce sufficeth when as said shee all mens eies are cast vpon vs Princes as being set aloft as on a high scaffold so that in vs euen the least blemish or spot is seene afarre off so that we are carefully to prouide that we doe nothing vnworthy of our selues But to returne where I left At that day met all the Commissioners but the Earles of Shrewsbury and Warwicke who were then sicke and after that Nauus and Curlus had affirmed and confirmed before them that euery and singular the letters and copies of letters which were produced before to bee most true vpon their oathes
IACOB MAG BRIT REG. MATER SERENISSIMA MARIA REGINA The most excellent Princesse Mary queene of Scotland and Dowager of France Mother to our Soueraigne lord James of greate Brittaine France Ireland king THE HISTORIE OF THE LIFE AND DEATH OF Mary Stuart QVEENE OF SCOTLAND LONDON Printed by Iohn Haviland for Richard Whitaker and are to be sold at the signe of the Kings Head in Pauls Church-yard 1624. TO THE KINGS MOST EXCELLENT MAIESTIE Most Dread Soueraigne ZENO the Philosopher being asked how a man might attaine wisdome answered By drawing neere vnto the dead O the Sepulchers of our Ancestors how much more doe they teach than all the studie bookes and precepts of the learned And herein due praise must needs be ascribed vnto Historie the life of memorie and the mirrour of mans life making those Heroick acts to liue againe which otherwise would be buried in eternall forgetfulnesse whereby the minde a greedy hunter after knowledge is enflamed by affecting the seuerall perfections of others to seeke after excellent things and by feruent imitation to attaine to that glory which is gotten by vertuâ— For these causes most renowned Soueraigne when I considered Plutarke laying aside the studie of Philosophic to thinke the time well imploied in writing the liues of Theseus of Aristides and of other inferiour persons and knowing how farre the lustre and splendor of Princes shineth beyond the brightnesse of others euery one standing for a million of the common people And being sensible that it is infused euen by nature euery man to desire and to be delighted with the relation and story of his owne Ancestors and predecessors For these reasons I presumed to present vnto your Highnesse this Treatise of the life and death of your Royall Mother the Lady MARY STVART Queene of Scotland A History most fit for this your Meridian of Great Britaine and yet neuer published in the English tongue before Wherein although I confesse the slendernesse of my skill in the exornation and beautifying of the stile and thereby may worthily incurre the reproofe of the learned yet if your Maiesty vouchsafe your gracious and Princely acceptation all faults therein shall easily bee couered and blotted out Therefore I become your humble Orator praying no other thing than the Sunne Diall of the Sunne Aspice me vt aspiciar most humbly beseeching the Almighty to blesse your most Excellent Maiestie with a long happie and prosperous reigne Your Sacred Maiesties most humble subiect WIL. STRANGVAGE THE PREFACE TO THE ENSVING HISTORIE IT is a thing most true and some finde it by experience that here below in this world there is nothing eternall And how can it be otherwise when the great Kings and Princes of the earth who seeme to be created of the most pure substance of the Elements of a matter as may bee said for their excellency incorruptible of the fine gold of Euilath and of the best mould to the patterne of the fairest Ideas and beare and carry the Image and Seale of all puissance as the chiefe impression of natures worke in the plaine greatnesse of Maiestie which engraueth their forehead with a gracious statelinesse Yet doe we see them euery day who seeme vnto men to be lasting and durable as eternity it selfe to quit the arches oâ— triumph and to yeeld themselues vnto the triumph oâ— death And more than that the most part of them finish their daies not in the sweet and calme waters like Pourcontrells but by a death disseasoned sometimes in their greene youth and flourishing age by the stormes and tempests as doe the Dolphins within the torrents billowes or waues of the sea tossed by diuers factions And it seemeth that this fatality pursueth ordinarily the most worthy and vertuous persons so that they finish their liues many times with violence or precipitation and not to goe vnto their death in a smooth path but to bee interrupted with some strange accident which cclipseth the bright shining lustre of their greatnesse which dasell the mindes of men that from below beheld them sitting aloft on the throne of Maiestie All which appeared most plainly and euidently to be true in the most worthy and royall Princesse MARY STVART Queene of Scotland who in all her life being tossed and turmoiled with infinite misfortunes concluded it with an vntimely death as followeth in the sequell of this Historie of her life and death MARY STVART Queene of Scotland was daughter vnto Iames the fist King of Scotland a wise and valiant Prince and of the Lady MARY of the Illustrious family of the Dukes of Lorraine whose fame for valour is renowned thorow all Christendome was borne on the eighth day of December in the yeere of our Lord 1541. She was not aboue eight daies old when her father died being left thus young the Noblemen of Scotland being diuided whereof the family of the Hamiltons and the Earle of Lynnox being the heads the one side supported by King Henry the eighth of England and the other by the French King Henry the second she was by the care of her mother who inclined vnto the French King at the age of six yeeres or thereabouts sent into France in the Gallies of Villagagnon a Knight of the Rhodes appointed by the French King vnto this seruice in the which voyage by the West Seas for in the other passage neere the Straits of Calice the Englishmen had laid a strong Nauy to intercept her she hardly escaped drowning by meanes of a storme or tempest that happened neere vnto the coast of little Brittaine in France where she afterward tooke land from whence she was conueyed vnto the Court of France where she was brought vp vnder her Curators the French King and the Dukes of Guise and by their exquisite care she drew in with the aire the sweetnesse of the humours of the countrey and in the end by the singular grace of nature and carefulnesse of her friends and Kinsfolks became with her age the fairest and goodliest Princesse of our time And beside this her rare beauty she had her vnderstanding and intendment so pure and perfect her iudgement so certaine surmounting and aboue the condition of her age and sex that it bred and caused in her a greatnesse of courage which was yet mixt and qualified with such sweetnesse and modesty that you could not see any thing more Royall any thing more gracious Her manners and priuate actions were such and were so well liked of generally that it caused King Henry the second of France and his Queene who was admired for her prudence to marry their eldest sonne Daulphin of France and heire of their Crowne vnto this Lady as vnto one well deseruing to be ioyned in mariage vnto their sonne heire apparant of the greatest kingdome in Europe And so vpon the foure and twentieth day of April in the yeere of our Lord 1558. Francis the Daulphin of France and MARY STVART Queene of Scotland were maried in the Church of Nostra Dama
in Paris One cannot declare with what applause of all the people with what congratulation of all the neighbour Princes with what Magnificence this mariage was solemnized By this her mariage her husband obtained not onely the Title of King of Scotland in the right of his wife but also another more rich and great which was of the most contented Prince the earth then beheld for that hee was ioyned in mariage with a Princesse who besides many other great vertues composed her selfe wholly to please and to giue content vnto her husband and therein vsed not the ordinary care of a Princesse but more trauell and sollicitude than doe the women of meane condition and qualitie maried vnto great Princes as also appeared after his death which befell not long after by her immeasurable mourning not being able to finde any consolation for her sorrow in that place where shee had lost that which shee had loued better than her selfe so much that the amitie of her kinsfolks and allies could not retaine her nor the sorrow and regret of all France could not call her backe nor the sweetnesse of that Court which inuited her could not stay her but that shee would depart from thence After this on the seuenteenth day of Nouember the same yeere deceased Mary of England at which time the Parlament was holden at Westminster being certified of her death with a vniuersall consent in regard of her most certaine right vnto the Crowne of England of the which none could doubt both the Prelates and Nobles with the Commons agreed to haue the Lady ELIZABETH proclaimed Queene which was done with the generall applause and consent of them and all the people Queene ELIZABETH being established and hauing taken order for things at home and domesticall affaires applied her minde next to settle her affaires abroad For which end it was thought fit to send Embassadors vnto Princes to signifie vnto them the death of Queene MARY and her succession vnto the kingdome Vnto Ferdinand the Emperor was sent Thomas Challenor with letterâ— wherein the Queene vnder her owne hand certified him that her sister Queene MARY was dead and that she by the goodnesse of God was succeeded as her rightfull heire and with the generall consent of her subiects in the gouernment of the Realme and that she desired nothing more than that the ancient League and amitie betweene the families of England and Austria might not only be conserued but also increased Vnto the King of Spaine being in his Low counâ—ries was sent the Lord Cobham with instructions to the same purpose King Philip vnderstanding the decease of Queene MARIE his wife fearing lest England Scotland and Ireland should be adioyned vnto France by mâ—anes of the Queene of Scotland her Title dâ—lt seriously with Queene ELIZABETH by the Conde of Feria whom he had sent before to visit his sicke wife and the then Lady ELIZABETH also about his mariage with her promising to procure a dispensation for the same This motion troubled her much for to reiect the most mightie King of Europe hauing deserued well of her and suing to her for mariage vpon his owne motion This thing no lesse disquieted the French King who was also fearefull that England and Spaine should bee conioyned againe iâ— one by mariage therefore â—ee did all that was possible to be done at Rome by the Bishop of Angulesme that no such dispensation should be granted but yet very secretly lest he should prouoke the Englishmen against him but she put him off with a modest and shamefast answer And when hee saw that he could not obtaine his suit for himselfe and had also giuen it quite ouer being agreed with the French King to marry his daughter yet that the kingdome of England might be retained in his family still he moued the Emperour Ferdinand to commend one of his sonnes to be a suiter vnto Queene ELIZABETH which motion he willingly entertained and for that purpose sent vnto her very louing letters and by Gaspar Preynerus free Baron in Stibing diligently followed and prosecuted the same the King of Spaine himselfe also to bring it the sooner to passe and to further it most courteously offering and promising vnto Queene ELIZABETH his singular loue kindnesse and affection THE LIFE DEATH AND VARIABLE fortunes of the most gracious Queene MARIE STEVVARD Queene of Scotland Anno 1559. THe French King Henrie the second for the benefit of his sonne the Dolphin King and MARIE Queene of Scots casting his eies vpon England did not withdraw his French Souldiers out of Scotland as hee had promised but sent secretly more daily into Scotland and dealt vehemently with the Pope to pronounce Queene Elizabeth an Heretike and illegitimate which the Emperor and the King of Spaine most diligently but couertly sought to hinder yet had the Guises drawne the French King into such a sweet hope of adioyning England vnto the Crowne of France by the title of their Niece the Queene of Scots that hee openly claimed the same in the right of his sonne and daughter in law And commanded them when hee could not obtaine his purpose at Rome to vse this title in all their Letters patents FRANCIS and MARIE by the grace of God of Scotland England and Ireland King and Queene and caused the armes of England together with the armes of Scotland to be painted in the walls buildings and in the houshold stuffe and also to be put into the Heralds coats The English Ambassador in vaine complained that herein great wrong was done vnto Queene Elizabeth with whom he had made lately a league and had not done this to Queene MARIE of England who had proclaimed warre against him But Henries sudden death which happened shortly after made an end of his attempts But Francis the second who succeeded him and MARIE Queene of Scots his wife by the counsell of the Guises who were then of great authoritie in France bore themselues openly as Kings of England and Ireland neither did they abstaine from claiming the armes but set them out more and more And vnto Nicholas Throgmorton the Lieger Embassador a man both wise and stout it was first answered That it was lawfull for the Queene of Scots to beare them with some little difference to shew the nearenesse of her bloud vnto the royall line of England Hee stifly denied it saying that by the Law of Armes none who was not begot of the certaine Heire might beare the armes of any familie Afterward they said they bore the armes for no other cause than to cause the Queene of England to abstaine from bearing the armes of France Yet at length he obtained at the intercession of Mont Morancy who loued not the Guises that they left off the armes of England and Ireland altogether But yet from this title and vsurpation of armes which Henrie made the young Queene of Scots to take on her moued thereto by the Guises proceeded all the euils which came so thicke vpon her afterward as from
of displeasure I will lay it downe in few words laying aside the person of an Embassadour As soone as the Queene my Ladie and Mistresse was crowned you did vsurpe the title and armes of England which you did not take in the reigne of Queene MARIE Iudge you in your discretion if a greater wrong can bee offered vnto a Prince Such iniuries as this priuate men cannot disgest much lesse Princes But said she my husbands father and my husband himselfe would haue it done and commanded it to bee so After their decease when I was at mine owne hand I left off wholly both those armes and the title but yet I know not how it can be any wrong to the Queene if I also a Queene whose Grand-mother was eldest sister vnto Henry the eight doe beare these armes since others farther off than I bore them I am sure Courtney Marquesse of Exceter and the Duchesse of Suffolke Niece vnto Henry the eight by his younger sister did beare the armes of England with borders for a difference by a speciall fauour When these things did not satisfie Queene Elizabeth who was fully perswaded that shee put in delaies still vpon some more hopes since she had not proposed vnto the Estates of Scotland who had once or twice assembled since her husbands death any thing about the confirmation of the treatie She being vpon her way sent for Throgmorton againe vnto Abbeuille where shee courteously asked him how she might satisfie Queene Elizabeth in word or deed he said by ratifying the treatie of Edenburgh as I haue often said vnto whom shee said Now heare and iudge if there bee not most iust reasons which she calleth delaies and vaine excuses The first Article in it of ratifying the treatie of Chasteau Cambresy betweene England and France pertaineth nothing vnto me The second of ratifying the treaty betweene England and Scotland was ratified by my husband and mee neither can it bee ratified againe when my husband is expressedly named in it The Articles 3 4 and 5. are already performed for the preparations for warre are ceased The French Souldiers are called backe out of Scotland and the Fortresse of Aymouth is demolished I haue not borne nor vsed the title nor armes of England since my husbands death It is not in my power to put them out of the houshold stuffe buildings and Letters patents through France as it is not in my power to send into England the Bishop of Valence and Randan who are not my subiects to dispute about the sixth Article And for the last Article I hope my seditious subiects shall not haue cause to complaine of my seueritie But as I perceiue she will preuent me by stopping my returne that they shall not haue triall of my clemencie what remaineth now in this treatie which may be wrong to the Queene Yet that I may giue her satisfaction more abundantly I will write larger Letters of this businesse with mine owne hand though shee doth not vouchsafe to write backe vnto me but by her Secretarie But I pray you my Lord Embassador doe the part of an Embassador that is rather mollifie than exasperate the matter But yet Queen Elizabeth was not satisfied with these letters in whose minde the iniurie for the vsing of the armes and title of England was deeply imprinted and still shee was afraid lest shee should challenge them againe if shee were not bound and tied thereto by the confirmation of the treatie and the religion of an oath In the meane while the Q of Scotland getting a good gale of wind departed from Calice and in a foggie mist passing by the English ships which some thought were sent to Sea to conuey her with honour others to suppresse Pirates and as others said to intercept and take her arriued safe in Scotland For Iames the Bastard very lately returning by England had secretly willed Queene Elizabeth to take her by the way if she had a desire to prouide for Religion and her owne securitie And Lidington being glad that d'Oysell was detained in England perswaded it also Shee being returned into Scotland vsed her subiects with all courtesie changed not their religion though it had beene brought in by tumults and beganne to settle the common wealth by enacting good Lawes But vnto Queene Elizabeth shee sent Lidington with her owne and the letters of the Scottish Nobilitie in the which shee promised all care to make and conserue amitie with her and requested that a certaine forme of peace might bee made betweene England and Scotland and that there was none more certaine than if Queene Elizabeth if shee should haue no issue would declare her by the authoritie of Parliament the next heire to succeed her in the Realme of England This thing seemed strange vnto Queene Elizabeth who looked for the confirmation of the treatie of Edenburgh promised by word and by her hand writing yet she answered As concerning the succession shee hoped the Queene of Scotland would not by violence take her Crowne away from her and her children if she had any shee promised not to derogate any thing of her right vnto the Crowne of England although she had claimed the title and armes of England through the too much hastie ambition of other men for which iniurie it was meet that she made satisfaction By setting downe her successor shee feared lest their friendship should bee rather disseuered than consolidated for that vnto men established in gouernment their successors are alwaies suspected and hated the people such is their inconstancie vpon a dislike of present things doe looke after the rising Sunne and forsake the Sunne setting and the successors designed cannot keepe within the bounds of Iustice and truth their owne hopes and other mens lewd desires Moreouer if she should confirme the succession vnto her shee should thereby cut off the hope of her owne securitie and being aliue hang her winding-sheet before her owne eies yea make her owne funerall feast aliue and see the same After shee had answered these things thus shee did againe sending her letters vnto her by Peter Mewtas mildly will her to confirme the treatie Neither did the other directly denie it but insinuated that shee could not doe it vntill shee had set the affaires of Scotland in good order Anno 1562. MArgaret Countesse of Lynnox Niece to King Henry the eight by his eldest sister was deliuered as prisoner to Richard Sackuill and her husband the Earle of Lennox was assigned vnto the Master of the Rolls in the like manner for that hee had secret intelligence by letters with the Queene of Scots in which custodie both of them were kept a good space Not long after Henry Sidney was sent vnto the Queene of Scots whose message was that the enteruiew which he had desired to haue with Queene Elizabeth might bee put off vnto the next yeere or vntill the French warres were waxen colder At this time it was consulted whether it was for any good purpose that these two
receiued him and conueyed him vnto Burnham three miles from Windsor where the Queene then lay Foure daies after the Abbot of Dunfermelling deliuered the letters of Murrey Regent of Scotland vnto the Queene in which hee shewed her that the Duke dealt with him secretly at Hampton Court to fauour his mariage with the Queene of Scotland and that if hee would not he threatned him exceedingly and that hee promised to fauour it that he might preuent and auoid the await ambuscado laid by one Norton to kill him from whom and others the Duke gaue his word hee should returne without danger And that shortly after the Duke requested him by his letters written in Ciphers to giue his consent vnto the mariage Moreouer that the Duke did signifie vnto him by Boyd that hee would neuer forsake and abandon the Queene of Scotland and further that the agents of the same Queene had almost perswaded the Râ—gent that Queene ELIZABETH had consented to the mariage and also that she had offered to her the hope of the Kingdome of England And Queene ELIZABETH also found out that shee had signified vnto certaine Noblemen of England to winne them vnto her side that shee went about that businesse which would bee very necessary for the most certaine securitie of the Queene of England and the like safetie for both the Kingdomes The Duke who had secret and warie commerce of letters which were sent priuily in Ale-bottles with the Bishop of Rosse Leicester and Throgmorton was about this time examined about this mariage with the Queene of Scotland and his secret conferences with the Bishop of Rosse and confessed most things was sent to the Tower of London vnder the keeping of Sir Henry Neuill Knight being bitterly reproued that hee had departed from the Court without leaue obtained and charged as though he had intended to rebell Two daies after the Bishop of Rosse was examined in like manner and Robert Ridolph the Gentleman of Florence whom the Bishop of Rosse others vsed familiarly is deliuered vnto the custodie of Francis Walsingham The Earle of Pâ—mbrooke is commanded to keepe his house and is priuately examined yet in regard of his Nobilitie and old age hee had the fauour that his examination was not set downe in writing Which thing he required because he could not write Some Noblemen were forbidden the Court as priuie to these matters who humbly confessed that they with the Duke agreed to the mariage which Murrey had first propounded yet so that the Duke the Queene of Scotland and they willed that the matter should bee referred vnto the Queene before the mariage was to be solemnized and desired pardon for their offence In like manner the Earles of Northumberland and Westmerland who were of this counsell submitted themselues vnto Sussex Lord President of the North and besought him to make intercession vnto the Queene for their pardon Also sundry Pamphlets came out against this mariage and against the Queene of Scotland and the right by which shee claimed to become heire vnto England wherein they shewed their wits with such malapert saucinesse that the Queene thought once to haue forbidden them by seuere edict and permitted the Bishop of Rosse winking thereat to make answer who forthwith set forth a booke vnder the name of Morgan Philips against them wherein hee defended the honour of his Queene her right to succeed and the gouernment of women for this also was impugned but ingenuously acknowledged afterward in his Commentaries that he had his arguments for her right of succession secretly from Anthonie Browne chiefe Iustice in the common Place and Carrell an excellent good common Lawyer Shortly after befell the rebellion in the North raised by the Earles of Northumberland and Westmerland with many other Gentlemen Who when they vnderstood for certaine that the Queene of Scotland whom to set at libertie they had principally taken armes was caried away from Tutburie vnto Couentrie vnder the keeping of the Earles of Shrewsburie and Huntingdon and also moued with the great preparation of the Queene they with a few others fled into Scotland Anno 1570. THe rebellion in England being now quenched Murrey Regent of Scotland laboured diligently that the Queene of Scotland might be deliuered into his hands and for that cause he both offered hostages and also to restore vnto them the Earles of Northumberland and Westmerland and brought to passe that the Bishop of Rosse as the kindler of the rebellion was committed vnto the custodie of the Bishop of London Then to purchase the good will of Queene ELIZABETH in the moneth of Ianuarie he came with an armie into the borders of Scotland towards England to hunt out the English rebels of whom he tooke a few and those of small account but at last hee found the Earle of Northumberland lurking about Hartlawe amongst the theeues on the borders discouered by his host one of the Grayhams who betraied him and sent him vnto Lochleuin to be kept and in this iourney he annoied and spoiled the borders exceedingly But in the same moneth after hee had taken great paines and thought himselfe in great securitie he was shot from out of a priuie place thorow the body a little beneath the nauell with a Bullet as he rode thorow the streets of Lithquo by one Hamilton who escaped by and by into France and liued certaine yeeres after oftentimes protesting that he did it to reueâ—ge himselfe of a priuate grudge against him hee not being able to endure patiently the iniuries he offered vnto him For Murrey had banished the fellow for that hee had stood for the Queene and imprisoned him threatning now and then to hang him vntill he resigned and gaue away vnto a seruant oâ— Murrey a littleground which came to him by his wife whereupon his wife fell mad and in a furious rage he brake prison and committed the murder Neither could the man after bee perswaded in France when he seemed to be a man fit for a desperate action to attempt the same against the Admirall Coligni oftentimes saying that he was the reuenger of his owne iust griefe for which he was sorie but he would not be the reuenger of another mans neither for gold nor request Hereupon was there much talke of the Regent that was slaine thorow all Britaine The most wondering at vaine matters namely the dreame of his mother of the Lion and the Dragon fighting in her wombe after that King Iames the fifth had had his pleasure on her Among the wiser sort according to their partiall affections commended he was by some for destroying the Romane Religion in Scotland the conseruation of the King a childe the equall administration of iustice and his munificence and liberalitie toward learned men and Bâ—chanan aboue the rest On the other side he was reproued by others as though he tooke religion for a cloake and enriched himselfe and his friends with the spoiles of the Church and how hee was not onely iniurious but also
bee sent ouer into Ireland if reciprocally the Irish men be tied with the same condition not to passe ouer into Scotland For the more firme assurance of these things they consented to giue hostages whomsoeuer the Queene of England would name except the Duke of Chasteauleroy the Earle of Huntley Argile and Atholl Moreouer they consented that the Queene of Scotland should bee excluded from all her right of succession in England if she attempted any thing against the right of the Queene of England so that the Queene of England might againe bâ—e tied in some equall penaltie also if shee attempted any thing against the Queene of Scotland Concerning the Castles of Hume and Fast Castle they requested that they may bee restored vnto the Lord Hume the true Lord and proprietarie of them and that the English men would detaine them no longer from him And that to deliuer Fortresses in Galloway or Cantire vnto forrainers was no other thing than to giue a new occasion of warre When they could not agree vpon these Articles and the Commissioners came not from the Regent of Scotland and in the meane time it was reported and bruted that aid was earnestly requested by her friends of the Pope the King of France and the Duke of Alba for the deliuerance and freeing of the Queene of Scotland and the English rebels as Westmerland the Countesse of Northumberland and the rest were conueied secretly out of Scotland nothing came of this Treatie but yet The Bishop of Rosse sent the Articles of this treatie vnto the Pope and the Kings of France and Spaine and insinuated vnto them that the Queene of Scotland must of necessitie yeeld vnto them vnlesse they holpe her both with aduice and other aid very shortly which he did most importunately request at their hands but in vaine for all they were earnestly busied with other matters Anno 1571. A Little before this time Ridolphus the Florentine before named who had vsed much merchandize and trafficke at London fifteene yeeres sent very secretly the Letters of the Pope vnto the Queene of Scotland in the which hee promised his care and studie to the vtmost of his goods and labour to aduance the Catholike Religion and her and required her to shew fauour and giue credit vnto Ridolphus in all things and also that hee may vnderstand by him who now determined to returne into Italy by what meanes he may doe any good and giue any releefe vnto the Catholike Religion and remedy vnto the common mischiefes in England and Scotland Ridolphus also in his owne priuate letters requested the Queene to impart these things vnto the Duke of Norfolke and her friends and that she would commend him vnto them But she delaied her answer though the Kings of France and Spaine and the Duke of Alba wrote to the same effect vntill she saw vnto what end the treatie already begunne would come For there was come as from the King of Scotland to talke of the Scottish affaires the Earle of Mourton Petcarne Abbot of Dunfermelling and Iames Mac-Gill who vnto Queene ELIZABETH commanding them to lay downe euidently the causes of their depriuing the Queene of Scotland and to proue them to be iust shewed a tedious and long instruction or memoriall wherein with a most insolent libertie and bitternesse of speech they endeuoured to proue the people of Scotland to be superiour and aboue their Kings by the ancient priuileges of the Kingdome of Scotland by old forgotten and also late examples collected from all places yea and by the authoritie of Caluin they also endeuoured to proue that the popular Magistrates are appointed and made to moderate and keepe in order the excesse and vnrulinesse of Kings and that it is lawfull for them to put the Kings that bee euill and wickeâ— into prison and also to depriue them of their Kingdomes But they spake much of their lenitie vsed toward their depriued Queene because they suffered her to set her sonne in her place and to appoint gouernours vnto him That it proceeded out of the mercie of the people and not for her innocencie that they suffered her to liue and many other things which turbulent wits doe malapertly deuise and inuent against the royall Maiestie of Kings This memoriall Queene ELIZABETH read but not without indignation and as a libell written in the slander and reproach of Kings condemned it though she said nothing but vnto the Commissioners she answered that as yet shee did not see a iust cause of their abusing and vexing the Queene in that manner and therefore her will was that they should take some speedy course for the quenching the diuision and discord in Scotland Hereupon at the house of Bacon Keeper of the great seale it was proposed vnto the Bishop of Rosse the Bishop of Galloway and the Lord Leuingston Commissioners for the Queene of Scotland That for to giue securitie vnto the Kingdome and Queene of England and vnto the Noblemen that tooke the Kings part the Duke of Chasteauleroy the Earles of Huntley and Argile the Lords Hume and Herris and another Lord should be giuen for hostages and the Castles of Dunbritton and Hume deliuered vnto the hands of the English men for three yeeres They answered it was not to be doubted but the Queene of Scotland who of her free will committed her selfe to the protection of the Queene of England would also most willingly giue her satisfaction in all things which might conueniently bee done but to deliuer such great men and such Fortresses was no other thing but to spoile and depriue the distressed Queene of the succour and strength of all her most faithfull friends and of most strong places But they offered two Earles of whom one should be one of the three named and two Lords to be hostages for two yeeres but that the Holds and Castles by the league could not bee deliuered vnto the English men except others in like manner were deliuered vnto the French men But said Bacon all the Realme of Scotland the Prince the Noblemen and Castles are not all sufficient to giue securitie vnto the Queene and the most flourishing Realme of England and therefore the Queene of Scotland was not to be let goe vpon any securitie the Scots could propose Hereupon they immediatly gathered and said openly that now at length they plainly vnderstood that the English were resolued fully to keepe the Queene prisoner for euer in England and withall to breake off the Treatie since they exacted so earnestly such securitie as Scotland could not by any meanes performe yet the other Councellors of England protested that they earnestly desired the deliuerance of the Queene of Scotland so that sufficient securitie were giuen And to that purpose they also talked with Mourton and his associates hereof and of deliuering the King into England who in plaine termes answered that they had no commission to treat or deale either to receiue home the Queene into Scotland or to deliuer the King into England
no other cause but to trie the Dukes minde whether hee stood constant and resolute But the crimes of the other he wittily extenuated and by no meanes he could be induced to tell the names of the Noblemen that promised to helpe the Duke to surprize the Queene But he confessed that he by the commandement of the Queene of Scotland did aske aduice of the Duke Arundell Lumley and Throgmorton by their seruants that came to and fro and the Vicount Mountague by Lumley about the deliuerie of the Castles in Scotland the hostages the deliuerie of the King of Scotland vnto the English men and the restoring of the English Rebels Thus much of these matters this yeere out of the Dukes confessions and the Commentarie of Rosse himselfe written with his owne hand sent to the Queene of Scotland Matthew Earle of Lennox Regent of Scotland Grandfather to the King had summoned an assembly of the Estates at Sterling in the Kings name where liuing securely he was taken on the sudden by the Noblemen of the contrarie faction who held a Parlament at Edenburgh at the same time in the Queenes name He had yeelded himselfe to Dauid Spense of Wormeston who labouring diligently to saue his life was slaine together with the Regent who had gouerned the Realme for the King his Grandchild but foureteene moneths by Bell and Caulder In his place was substituted by the voices of the Kings faction Iohn Areskin Earle of Marre who died after hee had beene Regent but thirteene moneths These dangerous times produced in the Parlament holden in England this Law It was made treason if any attempted any harme or hurt made warre or moued any other to raise warre against the Queene If any affirmed that she possessed not the Crowne rightfully but that others had more right to the Crowne or did say that shee was an Heretike Schismatike or Infidell did vsurpe the right of the Kingdome during her life or shall say that any other hath right to the Crowne or that the Lawes and Statutes cannot define and binde the right of the Crowne and the succession of the same If any in the Queenes life by written or printed booke expresly affirme that any is or ought to be heire or successor of the Queene besides the naturall issue of her owne body or shall print or sell any bookes or schedules to that effect hee and his fautors for the first time shall be imprisoned a whole yeere and lose halfe his goods and for the second offence incurre Premunire that is to lose all his goods and lie in prison for euer This seemed somewhat seuere vnto many who were of opinion that the tranquillitie of the Realme would bee established by the designation of a certaine heire But it is wonderfull what iests somelewd construers of words made of that clause Besides the naturall issue of her body since the Lawyers call them Naturall that are borne out of matrimonie but the legitimate they call out of the forme of words vsed in the Law of England Children of his body lawfully begotten insomuch that being a young man I heard it often said that that word was thrust into the Act by Leicester to the intent that hee might at one time or other thrust vpon them against their wills some Bastard sonne of his as the naturall issue of the Queene An Act was made also at this Parlament that it should bee treason in them who reconciled any to the Church of Rome by any Bulls or Rescripts of the Popes or any that were reconciled they that releeued the reconcilers or brought in any Agnus Dei Grana Crucifixes or other things consecrated by the Pope into England should incurre the penaltie of Premunire And that it should bee misprision of treason in them that did not discouer their reconcilers It was moued in the same Parlament that if the Queene of Scotland did offend againe against the Lawes of England that they might proceed against her according to the Law as against the wife of a Peere of the Kingdome of England but the Queene would not suffer it to passe Anno 1572. ON the sixteenth day of Ianuarie Thomas Howard Duke of Norfolke was arraigned at Westminster Hall before George Talbot Earle of Shrewsburie appointed for that day Lord high Steward of England and on both sides of him sate the Peeres namely Reynold Grey Earle of Kent Thomas Ratclif Earle of Sussex Henry Hastings Earle of Huntingdon Francis Russell Earle of Bedford Henry Herbert Earle of Pembrooke Edward Seymer Earle of Hertford Ambrose Dudley Earle of Warwicke Robert Dudley Earle of Leicester Walter Deuereux Viscount Hereford Edward Clintōn Admirall William Lord Howard of Effingham Chamberlaine William Cecill Lord Burghley Secretarie Arthur Lord Grey of Wilton Iames Blount Lord Mountioy William Lord Sands Thomas Lord Wentworth William Lord Burrough Lewis Lord Mordant Iohn Powlet Lord Saint-Iohn of Basing Robert Lord Rich Roger Lord North Edmund Bruges Lord Chandois Oliuer Lord Saint-Iohn of Bletneshoo Thomas Sackuill Lord Buckhurst and William West Lord De La-ware Silence being made the Letters Patents of the Commission was read then a white wand was deliuered vnto the Lord Steward by Garter King at Armes which hee shortly after deliuered vnto the Serieant at Armes who stood by and held it vp all the while Then the Earles and Barons were called by their names and euery one made answer to his name Then silence was made againe and the Lieutenant of the Tower was commanded to returne his precept and to bring the Duke to the Barre Forthwith he was brought in and Sir Owen Hopton stood on the one side of him and Sir Peter Carew on the other side and next by him stood a man holding an Axe with the edge from the Duke Silence being made againe the Clerke of the Crowne said thus to the Duke Thomas Duke of Norfolke late of Keningale in the Countie of Norfolke hold vp thy hand which when hee had done the Clerke read the Inditement with a loud voice that is to say That in the eleuenth yeere of Queene ELIZABETH and after the Duke did traiterously deuise to put her from her Crowne and to kill her and to raise warre against her and to bring in forraine forces to inuade the Realme That whereas he knew MARIE late Queene of Scotland to haue claimed the Diadem of England with the title and armes thereof yet hee without the Queenes knowledge intended to marrie with her and lent her a great summe of money contrarie to the promise he had made vnder his owne hand That whereas he knew the Earles of Northumberland and Westmerland Markenfield and others had raised rebellion against the Queene and were fled into Scotland he releeued them with money That in the thirteenth yeere of the Queene hee by letters requested aid of men from Pope Pius Quintus the professed enemie of the Queene the King of Spaine and the Duke of Alba to deliuer the Queene of Scotland and to restore Papistrie into England
vpon thy Peeres who haue found thee guiltie therefore this Bench doth adiudge that thou shalt bee lead backe from hence vnto the Tower from whence thou camest and from thence laid on a Hurdle shalt be drawne vnto the place of execution and there to bee hanged cut downe aliue to bee bowelled thy head cut off thy body to bee diuided into foure quarters thy head and thy quarters to bee disposed of at the Queenes pleasure And so our Lord haue mercie on thy soule The Duke hearing this iudgement said with a good courage Iudgement is giuen against mee as against a Traitor I trust in God that excluded from your fellowship I shall enioy the celestiall fellowship I will prepare my selfe to die I request this one thing that the Queene would bee good to my children and seruants and see my debts paid A few daies after Barney and Mather were executed who conspired with Herle a Ruffian to kill some oâ— the priuie Councellors and to deliuer the Duke But Herle presently discouered the matter vnto whom Barney said smiling when hee saw him brought forth to giue euidence against him Herle thou wentest but one houre before me otherwise I had stood there in thy place to giue euidence and thou hadst stood here in my place to be hanged These plots and the like which were many were taken hold of to hasten the Dukes death which yet was staied and deferred for foure moneths But on the second day of Iune at eight of the clocke in the morning the Duke was lead vnto a Scaffold new builded on the Tower-hill and when hee was gone vp and Alexander To these things she first protesting that shee was a free Queene and subiect to none answered with a stout courage and countenance 1 That shee had not vsurped the title and armes of England but that the King of France and her husband imposed them vpon her being very young and vnder the direction of her husband and therefore not to bee laid vpon her for a fault neither that she did weare or vse them after her husbands dâ—ath neither that shee will claime them as long as Queene ELIZABETH and her children liued 2 That she neuer imagined any detriment or hurt to the Queene by her mariage with the Duke of Norfolke being perswaded it would bee for the good of the Common-wealth and that shee did not renounce it because shee had giuen her faith and troth vnto him 3 That she willed the Duke by some meanes to get away out of danger and prison which shee did out of the dutie she ought to him as her husband 4 That shee had not raised rebellion nor was priuie to the same who was alwaies most ready to reueale any attempts against the Queene if shee would vouchsafe to heare her speake 5 That she neuer releeued the English Rebells onely that in her letters shee commended the Countesse of Northumberland vnto the Duke of Alba. 6 That she vsed Ridolph whom she knew to be highly in the Popes fauour in many matters yet receiued no letters from him 7 That she neuer moued any to attempt her deliuerance yet that she willingly gaue eare vnto them that offered their labour therein and for that purpose that shee communicated vnto Rolston and Hall a priuate Character 8 That she had receiued sometimes letters from the Pope very pious and consolatorie in which were no such phrases of speech 9 That shee procured not the Bull That shee onely saw the coppie thereof printed and when she had read it ouer that she burned it 10 That if any in forraine Regions write or name her otherwise than they ought to doe let them answer for it 11 That shee neuer by letters required aid of the Pope and the King of Spaine to inuade England but onely to be restored into her Kingdome by their meanes and that with the Queenes priuitie 12 But if any question or doubt bee made of those letters of effecting the mariage by force of armes she requested since shee was borne of the royall bloud of England that shee might answer personally in the next Parlament that was to be holden And at this time the French King fauouring the Queene of Scotland and her partie and the Queene of England the King and his partie earnestly moued Queene ELIZABETH to deliuer the Queene of Scotland which the Queene of England denied to doe saying In very truth I keepe the Queene of Scotland in custodie after a faire manner as a pledge of mine owne securitie and of the safetie of England But when it was come to light that the Queene of Scotland intended a secret confederacie with the King of Spaine by the Lord Seton who landing in Essex disguised like a Mariner had promised aid of men to the Scots of the Queenes partie from Alba both shee was kept straiter in prison and the kindnesse of the French men toward her waxed key-cold Shortly after the league betweene England and France being concluded at Blois and the Duke of Momorancie being sent into England to confirme the same he in few words in his Masters name requested that as much fauour might bee shewed vnto the Queene of Scotland as might be without danger That there might bee a cessation of armes in Scotland and that concord might be established there by Parlament Hee was answered That more fauour was shewed to the Queene of Scotland than shee deserued and should bee shewed for the French Kings sake although the Estates of the Kingdome who were now assembled thought the Queene could be in no securitie without some seueritie shewed vnto her As for the cessation of armes the Queene had dealt diligently therein and for that purpose had sent very lately Drurie the Marshall of Barwicke with Crocus the French Embassadour and that they by no perswasions could bring Grange and the Garrisons in the Castle of Edenburgh to peace being induced by hope of aid from France and the Low-Countries though Huntley and Hamilton Arbroth for the Duke his father had bound themselues vnder their hands to obserue peace and the others of the Queenes side had giuen their word also Anno 1573. IN Scotland Iames Dowglas Earle of Mourton by the meanes of Queene ELIZABETH was made Regent in the place of the Earle of Marre who hauing his authoritie established in the Parlament did enact in the Kings name certaine Lawes against the Papists and against Heretikes but the custodie of the King hee confirmed to Alexander Areskin for that the Earle of Marre vnto whom the custodie of the King of Scotland in his minoritie doth belong by a peculiar right was vnder age vpon these conditions that is to wit That the Papists and they of the other faction should bee vtterly excluded an Earle might come in with two men a Baron with one man other men alone and euery one of these vnarmed And whereas Queene ELIZABETH by Henry Killigrew had drawne Iames Hamilton Duke of Chasteauleroy George Gordon Earle of Huntley who stood for
Royall Maiesty could exempt her from answering in this kingdome and mildly he admonished her to heare the obiections made against her if not they threatned they both might and would proceed against her by the authority of the law She answered That she was not a subiect and had rather die a thousand times than acknowledge her selfe a subiect since that by acknowledging it she should doe preiudice and wrong vnto the highnesse of the Maiestie of Kings and withall should confesse her selfe to be bound vnto all the lawes of England euen in matters of Religion Neuerthelesse she was ready to answer vnto all things in a full and free Parlament since that she is ignorant if onely for a fashion and a shew this assembly was appointed against her already condemned with their fore-iudgements therefore she closely admonisheth them to looke vnto their consciences and to remember that the Theater of the whole world was farre more spacious than the kingdome of England Lastly she began to complaine of the iniuries done vnto her and the Treasurer to rehearse the benefits of Queene ELIZABETH bestowed vpon her viz. that shee had punished many who did impugne the right she challenged vnto England and had hindered that she was not condemned by the Estates of the Realme for the pursuing the mariage with the Duke of Norfolke the rebellion in the North and other things which things when she seemed to make slight of they went away After a few houres by Powlet and the Solicitor they shewed the heads of the letters Paâ—ents and the names of the Commissioners that shee might see that they were to deale formally and in good fashion vprightly and not according to the quiâ—kes of law and extraordinarily She made no exception against the Commissioners but a bitter one against the new or late Act vpon which al the authority of the Commissioners depended that is to wit that it was vniustly deuised purposely against her that there was no example of the like proceeding and that shee would neuer submit her selfe to triall vpon that Act. She asked by what law they would proceed against her If by the Ciuill or Canoâ— lawes she said the expounders were to be sent for to Pauy or Poytiers and other outlandish Vniuersities since that fit men were not to be found in England Moreouer she added that it was euident by plaine words in the letters that she was accounted guiltie of the fault although she was not heard and therefore shee had no reason to appeare before them and she required to be satisfied of many scruples in these letters which she had noted confusedly and in haste by her selfe alone but shee would not deliuer them in writing for that it did not beseeme a King or Prince to play the scribe About this matter those Commissioners selected came to her againe vnto whom she signified that shee did not vnderstand the meaning of these words Since she is in the protection of the Queene The Chancellor answered This to be apparant enough to any one of vnderstanding but yet it is not the duty of Subiects to expound what the Queene meant neither were they made Commissioners for that cause Then she requested that the protestation which she had made in former times to bee shewed and to be allowed It was answered that it was neuer allowed neither that it was to be allowed now for that it was a wrong to the Crowne of England Shee asked by what authoritie they would proceed It was answered by the authority of the letters Patents and the law of England But you said shee make lawes as you list vnto which it is no reason why I should submit my selfe since that the Englishmen in former times refused to submit themselues vnto the Salicke law of the Frenchmen But if they proceeded by the law of England they should bring a president for their doings since that that law for the most part consisted vpon examples and customes But if by the Canon Law then no other men ought to expound the same but the makers of them It was answered that they would proceed neither by the Ciuill nor Canon lawes but by the lawes of England But yet that by the Ciuill and Canon lawes it might be shewed that shee ought to appeare before them if she did not refuse to heare this neither did she refuse to heare but as in way of communication but not by way of Iustice or triall Hereupon she fell into other speeches viz. that she neuer compassed or deuised any thing to hurt or kill the Queene that she had beene offended at the wrongs and indignities done to her that she should bee a stumbling blocke if she were discourteously vsed That she did by Nauus offer her labour and best meanes for the reuocation of the Popes Bull That she would haue defended her innocency by letters neither was this permitted And to conclude that all her offices of good will for this twenty yeeres haue beene reiected with such like small digressions her going on further they called backe and bade her to say in plaine termes whether shee would answer before the Commissioners Shee replied That this their authority was giuen to them by the new act made to ensnare her That she could not endure the Lawes of the Queene which she vpon good reason suspected That shee hauing beene hitherto of good courage would not now wrong her ancestors the Kings of Scotland by acknowledging that shee is a subiect of the Crowne of England for this is no other thing than openly to confesse them thereby to haue beene rebels and traitors Yet that she refused not to answer so she be not reduced vnto the ranke of a subiect and that she had rather die a thousand times than to answer as a Criminall offender Vnto these speeches Hatton the Vice-Chamberlaine of the Queene said You are accused but not condemned to haue conspired to kill our Lady and anointed Queene You say you are a Queene Be it so But the Royall estate of a Queene doth not exempt you from answering vnto such a crime as this is neither by the Ciuill nor Canon law nor by the law of Nations nor by the law of Nature For all Iustice would be of no force yea be vtterly ouerthrowne if faults of such nature should be committed without punishment If you bee innocent you doe wrong to your credit by flying from triall You protest your selfe to be innocent but Queene ELIZABETH is of another minde and not without cause but truly to her great griefe Therefore to examine your innocency shee hath sent with authoritie most honourable most wise and most vpright men who with equity and with fauour are to heare you and they will reioyce from their heart if you cleare your selfe of this crime Beleeue me the Queene her selfe will be very glad who said to mee at my departure that there could not a thing haue happened more grieuous vnto her than that you are charged with this fault Wherefore laying
that may be hurt and dammage to my most deare sister vnwitting to mee let them bee punished for their inconsiderate boldnesse I certainly know if they were here present they would in this cause acquite mee of this fault And if I had my papers here I could answer vnto these things in particular Amongst those things the Treasurer obiected that she had determined to send her sonne into Spaine and to assigne ouer vnto the Spaniard the right that shee challenged in the Kingdome of England Vnto whom shee answered That she had no Realme that she could giue away but yet it was lawfull to giue away her owne things at her will and pleasure When the Alphabets of Cyphers conueyed vnto Babington the Lord Lodouick and to the Lord of Fernihurst were obiected vnto her out of the testimonie of Curlus shee denied not but that she had set downe more and among the rest that for the Lord Lodouick at such time as shee commended him and another vnto the dignitie of a Cardinall and as shee hoped without offence forasmuch that it was no lesse lawfull for her to haue commerce of letters and treat of her affaires with men of her Religion as it was for the Queene with the professors of the other Religion Then they pressed her thicker with the agreeing testimonies of Nauus and Curlus repeated againe and shee also repeated her former answers or else repulsed them with precise denials protesting againe that shee neither knew Babington nor Ballard Among these speeches when the Treasurer put in his verdict saying that she knew well Morgan who secretly sent Parry to kill the Queene and had giuen him an annuall pension she replied she knew that Morgan had lost for her cause all that he had and therefore she was bound in honour to releeue him and that shee was not bound to reuenge an iniurie done by a well deseruing friend vnto the Queene but yet that shee had terrified him from making any such attempts But yet pensions said shee were giuen out of England vnto Patricke Grey and to the Scots that were mine enemies as likewise to my sonne The Treasurer answered At such time as the reuenues of the Kingdome of Scotland were much diminished and impaired by the negligence of the Viceroyes the Queene gaue some liberalitie vnto the King your sonne her most neere allied Cousin Afterward was shewed the contents of the Letters vnto Inglefield and to the Lord Paget and vnto Bernardino de Mendoza concerning forraine aid And when to those shee had made answer These things touch not nor concerne the death of the Queene if so be that strangers desired and laboured to deliuer her it was not to be obiected against her and that she had sundry times signified vnto the Queene that she would seeke for her libertie The matter was adiourned vnto the next day On the next day she repeated againe her former protestation and requested that it might be recorded and a copie thereof deliuered vnto her lamenting that the most reasonable conditions which she had propounded oftentimes vnto the Queene were alwaies reiected yea when she promised to giue her sonne and the sonne of the Duke of Guise for hostages that the Queene or the kingdome of England should take no harme by her That she saw long ere now that all waies of libertie were stopped but now that shee is most basely vsed to haue her honour and estimation called into question before Petifoggers and Lawyers who draw euery circumstance into consequences by their quiddities and trickes since that anointed and consecrated Princes are not subiect nor vnder the same lawes that priuate men are Moreouer when they haue authoritie and commission giuen them of examining Things tending to the hurt of the Queens Person yet notwithstanding the cause is so handled and letters wrested that the Religion which she professeth and the immunitie and maiestie of forraine Princes and the priuate commerces betweene Princes are called into question and she below her Royall dignitie is brought to the barre as it were to be arraigned and to no other purpose but that she may be wholly excluded from the fauour of the Queene and from her right in the Succession when she appeared voluntarily to confute all obiections lest shee might seeme to haue beene slacke in the defence of her honour and credit Shee also called to their memorie how ELIZABETH her selfe had beene drawne into question for the conspiracie of Wyat when yet she was most innocent Religiously affirming that although she wished the good and welfare of Catholikes yet she would not haue it to be done by the death and bloud of any one That she had rather play the part of Hester than of Iudith make intercession vnto God for the people rather than to take away the life of the meanest of the people And then appealing vnto the Maiestie of God and vnto the Princes that were allied vnto her and repeating againe her protestation she requested that there might be another assembly about this matter and that shee might haue a Lawyer assigned vnto her and that since she was a Prince that they would giue credit to the word of a Prince for it was extreme folly to stand vnto their iudgement whom she most plainly saw to be armed with fore-iudgements against her Vnto these speeches the Treasurer said Since that I beare a twofold person the one of a Delegate or Commissioner and the other of a Counsellor First take of me a few things as from a Commissioner Your Protestation is recorded and the copie thereof shall be deliuered vnto you Wee haue authoritie giuen vs vnder the Queenes owne hand and the great Seale of England from the which there is no appellation neither come we with a fore-iudgement but to iudge according to the rule and square of Iustice The Lawyers aime at no other thing but that the truth may appeare how farre forth you haue offended against the Queens person We haue ful power giuen vs to heare and examine the matter yea in your absence yet we desire to haue you present lest we should seeme to diminish your honour or credit neither haue we thought to object vnto you any thing but that you haue done or attempted against the Queenes person The letters are read for no other purpose but to lay open the practise against the Queene and other things pertaining thereunto and are so mingled with other things that they cannot be separated And therefore the whole letters and not parcels taken out of sundrie places of them are read for as much as circumstances doe giue credit vnto the things of which you dealt with Babington Shee interrupting him said That the circumstances might be proued but not the deed that her integritie depended not vpon the credit and memory of her Secretaries though shee knew them honest but yet if they haue confessed something out of feare of the racke hope of reward and of impunitie it is not to be admitted and receiued out
was cut off at two blowes The Deane saying aloud So let the enemies of Queene ELIZABETH perish the Earle of Kent saying the same and the multititude sighing and grieuing thereat Her bodie was embawmed and was after buried like a Prince in the Cathedrall Church of Peterburgh And her funerals were kept most magnificently at Paris at the charges of the Guises who performed all the best offices of kindred for their Cousin both aliue and dead to their great commendation In this lamentable manner ended her life MARIE Queene of Scotland the great grand-daughter of Henry the seuenth by his eldest daughter in the XLVI yeere of her age and the XVIII yeere of her captiuitie A woman most constant in her Religion adorned with a wonderfull pietie toward God wisdome aboue her sex and was also very faire and beautifull And is to be accounted one of those Princes whose felicitie was changed into aduersitie In her infancie shee was with strife desired for wife by King Henry the eighth of England for his sonne Edward and by Henry the second King of France for Francis the Dolphin At the age of fiue yeeres she was carried into France and at the age of fifteene yeeres married vnto the Dolphin Shee flourished and was Queene of France one yeere and foure moneths Her husband being dead she returned into Scotland and was maried againe vnto Henry Stuart Lord Darley and had by him IAMES the first Monarch of Great Britaine Tossed and turmoiled by Murrey her bastard brother and other her vngrate and ambitious subiects deposed from her Kingdome and driuen to flie into England and circumuented and entrapped as men speaking indifferently thinke by sundry English-men carefull of the conseruation of their Religion and of the safetie of Queene ELIZABETH and thrust forward by others desiring much to restore the Roman Religion and oppressed by the testimonies of her Secretaries who were absent and as it seemed corrupted with rewards Neere to the graue an Epitaph in the Latine tongue was affixed and forthwith taken away MARIA SCOTORVM REGINA REGIS FILIA REGIS GALLORVM VIDVA REGINAE ANGLIAE AGNATA ET HAERES PROXIMA VIRTVTIBVS REGIIS ET ANIMO REGIO ORNATA IVRE REGIO FRVSTRA SAEPIVS IMPLORATO BARBARA ET TYRANNICA CRVDELITATE ORNAMENTVM NOSTRI SECVLI ET LVMEN VERE REGIVM EXTINGVITVR EODEMQVE NEFARIO IVDICIO ET MARIA SCOTORVM REGINA MORTE NATVRALI ET OMNES SVPERSTITES REGES PLEBEII FACTI MORTE GIVILI MVLCTANTVR NOVVM ET INAVDITVM TVMVLI GENVS IN QVO CVM VIVIS MORTVI INCLVDVNTVR HIC EXTAT CVM SACRIS ENIM DIVAE MARIAE CINERIBVS OMNIVM REGVM ATQVE PRINCIPVM VIOLATAM ATQVE PROSTRATAM MAIESTATEM HIC IACERE SCITO ET QVIA TACITVM REGALE SATIS SVPERQVE REGES SVI OFFICII MONET PLVRA NON ADDO VIATOR Which may be Englished thus MARY Queene of Scotland daughter of a King widow of the King of France kinswoman and next heire to the Queene of England adorned with Royall Vertues and a princely spirit hauing often but in vaine implored the right of a Prince the ornament of our age and the true princely light is extinguished by a barbarous and tyrannical crueltie And by the same wicked iudgement both MARY Queen of Scotland is punished with a naturall death and all Kings liuing are made common persons and punished and made liable vnto a ciuill death A strange and vnheard kinde of grant is here extant in which the liuing are included with the dead for with the ashes of this blessed MARY know thou that the Maiestie of all Kings and Princes lye here depressed and violated and because the Regall secret doth sufficiently admonish Kings of their dutie O Traueller I say no more Out of this lamentable fortune of so great a Prince the disposition of the diuine prouidence most euidently appeared as some wise men haue obserued For those things which the Queenes ELIZABETH and MARY chiefly wished and studied to procure by this meanes came to passe Queene MARY which also shee said at her death desired nothing more earnestly than that the diuided Kingdomes of England and Scotland might be vnited in the person of her deare sonne And the other wished for nothing more than that the Religion by her established in England might be kept and conserued with the safetie and securitie of the people And that almightie God did heare their praiers England to her vnexpected felicitie doth now see and with great ioy acknowledge As soone as word was brought to Queene ELIZABETH that the Queene of Scotland was put to death shee not thinking thereof she heard it with great indignation shee looked heauily and could not speake a word and readie to swound for sorrow in so much that she put on mourning apparell and grieued exceedingly and lamented very much Shee caused her Counsellors being reproued and forbidden her presence to be examined and commanded Dauison to be brought into the Star-Chamber And as soone as her dolour would permit her she in great haste wrote this letter following vnto the King of Scotland with her owne hand and sent it by Mr. Robert Cary one of the Lord of Hunsdons sonnes Deare brother I would to God you did know but not feele with what incomparable griefe my minde is tormented and vexed by reason of the lamentable euent which hath befallen contrary to my minde and will which you shall vnderstand fully by my Cousin for as much as I cannot abide and endure to set it downe by writing I beseech you that as God and many others can beare witnesse vnto my innocencie in this matter so I desire you to beleeue that if I had commanded it I would neuer haue denied the same I am not of that base minde that for any terrour I should feare to doe that which is iust or to deny it being done I doe not so degenerate from my Ancestors nor am I of such an ignoble minde But as it is not the part of a Prince to couer and cloake the sense of his minde with words so will I neuer dissemble nor glose mine actions but I will performe that they shall come to light and appeare to the world in their colours I would haue you be assuredly perswaded that as I know that this was done vpon desert so if I had imagined it I would not haue put it ouer vpon any other neither yet wil I impute that to my selfe which I did not so much as thinke He who shall deliuer you these Letters shall acquaint and impart other things vnto you As for me I would haue you to beleeue that there is none other who loueth you better and beareth better affection to you or that will haue a more friendly care of you and your affaires If any one suggesteth or putteth other things into your head I would haue you to think that he beareth more good will and affection to others than to you God Almightie keepe you in health and preserue you alwaies In the meane time that Mr. Cary
it vnto Burleigh Burleigh vnto the rest of the Counsellors who all gaue their consent to the quicke dispatch of the execution and euery one vowed to stand to it and to sticke one to another and sent Beale with the Mandate and Letters The third day after when I perceiued that her minde wauered hearing her tell a dreame of the death of the Queen of Scotland I asked if she had changed her minde she said no but said shee another way might haue beene inuented and withall asked if any answer were comefrom Powlet And when I had shewed his letters wherein in plaine termes be refused to take vpon him that which was neither honourable nor iust she chasing said that he and others who had taken the oath of the Association were periured and forsworne men as they who had promised many things but would performe nothing But I shewed her how vniust and infamous this would be and into what danger shee brought Powlet and Drury For if shee approued and allowed the fact shee should draw to her selfe both danger and dishonour with the note of iniustice but if shee disauowed and disallowed the fact shee ouerthrew vtterly those well deseruing men and their posteritie And afterwardshee on the same day the Queene of Scotland was put to death slightly checked mee that the execution was not done What griefe and anger soeuer Queen ELIZABETH conceiued or made shew of for the death of the Queen of Scotland I am sure the King of Scotland her only son tooke it wonderfull heauily who with the most admirable pietie that could bee in a sonne reuerenced his most deare mother and mourned and lamented for her exceedingly For he did not thinke that Queene ELIZABETH in regard of the mutuall loue that was betweene them and the league of stricter friendship lately made betweene them neglecting the so many intercessions of Princes would haue deliuered his mother a Prince of equall estate and her neerest cousin of the Royal bloud into the hands of a base hangman He suffered not Mr. Robert Cary sonne to the Lord Hunsdon who was sent from England to excuse the Queene by laying the fault vpon her Counsellors and Dauison to come into Scotland and hardly would heare him by another man and with much suit receiued the letters he brought Called his Ambassadour out of England and threatned reuenge And some there were that perswaded him that other Princes of Christendome would not let such an iniury done vnto the Maiestie and Royall name of a King goe vnpunished The Estates of Scotland who were assembled in great number professed that they were most readie to reuenge the death of his mother and to defend his right to the Crowne of England yea and to spend their liues and goods in the quarrell and that they could not disgest the iniurie done not onely vnto the King but also vnto the whole Nation of the Scots Some there were who perswaded the King to require aid of ships and of a Nauie of the King of Denmarke vnto whose daughter he began then to sue for mariage Some who were addicted to the Romane Religion suggested vnto him that hee should rather ioyne with the Kings of Spaine and France and with the Pope and so hee might with case get the possession of England And aboue all things to giue no credit vnto the Protestants of England who now ruled all and closely plotted to destroy him also whispering this in his eares He that hath killed the mother will also kill the children if he can Some there were who secretly aduised him to keepe himselfe as Newter openly and to hold both the Protestants and Romanists in suspence For if that hee shewed himselfe openly for the Protestants the Romanists of Europe will lay all their plots against him and would set vp another prop and stay in England to his great danger Some also there were who aduised him to keepe a firme peace with England and not to put his certaine hope vpon the vncertaine fortune of warre And to be constant in his Religion in the which if hee once wauered he should neither get nor purchase friends nor lessen nor diminish his enemies Thus euery man as their fancie gaue or their profit lead them spake But the King being more prouident and more wittie than his age gaue him vsed no haste which is alwaies blinde but weighed their counsels in his minde considerately and maturely a long time both with himselfe and a very few others But Queene ELIZABETH by laying all the fault on Dauison and the rash credulitie of her Counsellors so to mitigate his griefe and sorrow by little and little lest the comfort giuen out of season might more exasperate him and so stayed vntill his sorrow lessened by length of time would suffer it selfe to be handled But when shee saw the French egge on the King to reuenge she fearing lest he by their policies and vpon a burning heat of reuenge should be drawne away from the Religion of the Protestants and the friendship of the English she laboured with all her power to pacifie his minde exulcerated and in a manner alienated from her by all meanes not vnworthy of a Prince Therefore by her Messengers and Agents and after by the Lord Hunsdon Gouernour of Berwicke she proposeth these weightie and important Reasons most diligently First what a dangerous thing it may be for him to breake into open warre against England for this cause which seemed vnto the Estates of England to be as well necessarie for the safetie of the whole Island as also most iust Then let him consider if he be of abilitie to take such a warre in hand for as much as England was neuer better furnished with Military men and Leaders with forces and riches and Scotland exhausted with intestine warres neuer more weake If he depended vpon forraine aid with what great difficultie and how long it would be ere hee can get it and if he doe obtaine it what successe can hee hope for since that England hauing the Fleets of Holland and Zealand ioyned thereunto hath no cause to feare the most mightie and potent Kings of Europe What hope can he place in the French King or the King of Spaine For as much as his power much increased and augmented by the accession and addition of England may crosse or empeach their designes and purposes for that his Religion may be so opposed vnto their profession that they cannot helpe and aid him but with their owne losse and detriment Neither can the French King see with a contented minde the King of Scotland to be augmented with the Kingdome of England for feare lest hee should with warre prosecute the ancient right of the English-men in France or else giue helpe or succour vnto the Guises his Cousins who at this time gape after the Realme of France But the King of Spaine without all doubt will doe all things to serue his ambitious humour for as much as he vaunteth himselfe to be the first Catholike Prince of the bloud Royall of England and the stocke of Lancaster though vntruly In respect of which some Iesuites and others also endeuoured to aduance him whilest the Queene of Scotland was yet liuing vnto the Crowne of England as a man most fit to restore the Roman authority in England the mother and the sonne being not respected nor regarded Moreouer they perswaded him that shee determined in her last Will and Testament to bequeath the Kingdome of England vnto this King of Spaine if her sonne continued in the Religion of the Protestants What may be the meaning of these things and whereunto they may tend and what aid and helpe can be hoped for from the King of Spaine the King may thereby see and perceiue And withall if he shall reuolt and fall from his Religion in the which he hath beene brought vp with what great ignominie he may precipitate and cast head-long his soule into eternall damnation and the whole Iland of Britaine into danger and destruction Moreouer he is to consider and be aduised lest the Estates of England who haue giuen sentence against his mother doe not exclude him altogether from the right of Succession by a new sentence whose loue by yeelding and giuing place vnto necessitie and restraining the passionate motions of his minde he may easily winne and purchase vnto him for as much as that which is done cannot be vndone And at his time he may possesse and enioy quietly the most flourishing Kingdome of England In the meane time he may enioy securitie and may seeme with all men indifferent men that haue vnderstanding and consideration of things to haue receiued no blemish in his honour for as much as when time was he omitted no part of a most pious and vertuous sonne toward his mother And let him assuredly perswade himselfe that the Queene of England would account and vse him most louingly and affectionately as if shee were his owne mother These things shee caused to be beaten into the head of the King of Scotland and that he should not doubt but that his mother was put to death without her knowledge and to confirme him in that opinion shee determined to send vnto him the sentence giuen against Dauison in the Starre-chamber vnder the hands of all the Commissioners and also vnder the Great Seale of England And also another instrument to please him the more signed with the hands of all the Iudges of England wherein they confirmed that the sentence giuen against his mother was no hurt vnto his right in Succession nor could be any preiudice vnto the same And thus an end of this History FINIS 1 2 3 4 5 6